Judgment Search Results Home > Cases Phrase: deposit insurance corporation amendment and miscellaneous provisions act 1978 Page 9 of about 4,322 results (0.264 seconds)

Joseph Vs. Official Liquidator

Court : Kerala

Reported in : [2002]108CompCas268(Ker); [2001(90)FLR1141]; (2001)IILLJ1217Ker

..... 11 of the employees' provident fund and miscellaneous provisions act, 1952 (in short 'epf act') first charge should be given to the provident fund dues and, therefore, dividend cannot be apportioned in pari passu with the secured creditors as ..... of the employees' provident fund and miscellaneous provisions act, 1952 reads as follows:'11. ..... 15 or any charges payable by him under any other provision of this act or of any provision of the scheme or the insurance scheme; or (b) from the employer in relation to an exempted establishment in respect of any contribution to the provident fund or any insurance fund in so far as it relates to exempted employees, under the rules of the provident fund or any insurance fund any contribution payable by him towards the pension fund under sub-s. (6) of ..... overriding preferential payments: (1) notwithstanding anything contained in any other provision of this act or any other law for the time being in force, in the winding up of a ..... specifically states that 'notwithstanding anything contained in any other provision of this act or any other law for the time being.....'. ..... 17, 'insurance fund' means any fund established by an employer under any scheme for providing benefits in the nature of life insurance to employees, whether linked to their deposits in provident fund or not, without payment by the employees of any separate of contribution or premium in that ..... merely because there is an amendment including certain payments also in ..... financial corporation v. .....

Gram Sewa Samiti Vs. Regional Commissioner, Employees' Provident Fund

Court : Madhya Pradesh

Reported in : (1997)IILLJ1202MP

..... constitution of india the petitioner seeks a writ of mandamus or any other suitable writ, direction or order for quashment of annexure-p/5 dated january 4, 1985 order of levy of damages under section 14b of the employees' provident funds and miscellaneous provisions act, 1952 (for short 'the act'), for the period from may 1962 to february 1982 totalling rs. ..... court or by the supreme court which was without any specific direction in respect of the default of non-deposit of the contribution under the act and scheme which the petitioner may incur under section 14b of the act, therefore, the petitioner cannot contend that the petitioner was bonafidely contesting the applicability of the provisions of the act and that when the decision of the supreme court came in bangalore water supply (supra), the petitioner withdrew the ..... therefore, merely because the petitioner even bonafidely was contesting that the provisions of the act are not applicable, would not absolve the petitioner of its liability from depositing the amount of the contribution under the act and scheme created for the welfare of the employees, that is the view taken by the division bench of this court ..... deposit linked insurance ..... was amended substituting the recovery of maximum damages by way of the penalty not exceeding the amount of arrears by act no. ..... rajappa and others (1978-i-llj-349) applied for withdrawal of the appeal, the withdrawal of the appeal was allowed on december 2, 1981 vacating the stay order dated august .....

Srikanta Datta Narasimharaja Wodiyar Vs. Enforcement Officer

Court : Karnataka

Reported in : 1992(3)KarLJ74; (1993)IIILLJ153Kant

..... out of eighteen independent complaints filed by the respondent-enforcement officer, mysore division against the present petitioner and five others for offences under paragraph 76 of the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter referred to as the 'act'), employees' provident fund scheme, 1952 and employees' family pension scheme, 1971 and employees' deposit-linked insurance scheme, 1976 before the judicial magistrate first class, ii court, mysore. ..... for the purposes of this section,-(a) 'company' means any body corporate and includes a firm and other association of individuals; and(b) 'director' in relation to a firm, means a partner in the firm'.it would thus be seen that there should be an allegation that at the time the offence was committed the petitioner along with others was in-charge of and was responsible to the company for the conduct of the business of ..... (i) in relation to an establishment which is a factory, the owner or occupier of a factory, including the agent of such owner or occupier, the legal representative of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the factories act, 1948 (63 of 1948) the person so named; and(ii) in relation to any other establishment, the person who, or the authority which, has the ultimate control over the affairs of the establishment ..... state of west bengal 1978 lic at page 899 and of the judicature of .....

Hindustan Organic Chemicals Ltd. Vs. Hindustan Organic Chemicals Ltd. ...

Court : Mumbai

Reported in : 2009(2)BomCR225; (2008)110BOMLR3517

..... fund and miscellaneous provisions act, 19052, or the 'indian airlines' and 'air india' corporations established under section 3 of the air corporations act, 1953, or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956, or the oil and natural gas commission established under section 3 of the oil and natural gas commission act, 1959 or the deposit insurance and credit guarantee corporation established under section 3 deposit insurance and credit guarantee corporation act, 1961, or the central warehousing corporation established under section 3 of the warehousing corporation act, 1962, or the agricultural refinance and development corporation established under ..... . this submission of the learned counsel for the company cannot be accepted when the certified standing orders were amended in 1999, the judgment which was then prevailing was that of the supreme court in the air india case (supra) whereby the supreme court had held that the appropriate government for all such ..... . the submission of the learned counsel for the company is that since the certified standing orders have been amended without objection from the employees by a decision of the regional labour commissioner (central), the appropriate government is the central government ..... . by this order, the certified standing orders have been amended .....

Mesco Airlines Ltd. Vs. Abhay Meheshwari

Court : Mumbai

Reported in : [2006(111)FLR560]; (2007)1LLJ176Bom

..... provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under section 5a and section 5b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952) or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956), or the oil and natural gas corporation limited registered under the companies act, 1956 (1 of 1956), or the deposit insurance and credit-guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under ..... it is only where there is any ambiguity as to the meaning of the words used in the statute or where two interpretations are possible, it is permissible to look into the statements of objects and reasons to see what mischief was sought to be curtailed by the statute or the amendment. ..... it is therefore not necessary to refer to the statement of objects and reasons of the amending act.10. .....

In Re: Rohtas Industries Ltd. (In Liquidation)

Court : Patna

..... whether the official liquidator is liable to make deductions of the workers share from their salary, contribute his share and deposit the same with the regional provident fund commissioner under the provisions of the employees' provident funds and miscellaneous provisions act, 1952 (in short, 'provident funds act') and/or the employees' state insurance corporation under the provisions of the employees' state insurance act, 1948 (in short, 'employees' insurance act'). ..... since the provisions of the employees' insurance act are similar to those of the provident funds act, similar order may be passed with respect to the employees' state insurance corporation. ..... learned counsel for the employees' state insurance corporation adopted the argument of mr. r.s. ..... the out-set, no separate argurnent was advanced by the counsel for the employees' state insurance corporation. ..... it is an undisputed position that the establishment of rohtas industries limited (hereinafter referred to as 'the company') was exempted from the provisions of the provident funds act in terms of section 17 of the act as the employees of the company were governed by a scheme under which a trust had been created, which was being administered through the trustees with the permission of the ..... umesh prasad singh that in absence of any similar or corresponding amendment, the 'employer' has to be understood only in relation ..... 6, it is noteworthy that in the amended definition of'employee' the word 'factory' has been substituted .....

U.P. State Electricity Board Vs. Regional P.F. Commissioner

Court : Allahabad

Reported in : (1995)IIILLJ470All

..... regional provident fund commissioner by a letter addressed to the executive engineer, electricity transmission division, mirzapur, dated 12th of january, 1979, stated that the employees provident fund and miscellaneous provision act, 1952, hereinafter referred to as the. ..... provident funds and miscellaneous provisions act, 1952 is applicable to every establishment covered by section 1 of the said act. 7. ..... would be relevant to point out 'that the act has been enacted to provide for the institution of provident funds, family pension fund and deposit linked insurance fund for employees in factories and other establishments. ..... 'act' was applicable to the transmission division provisionally with effect from the 1st of april, 1977 subject to the further verification of records, it was further stated that the executive engineer should comply with the provisions contained in the act from the date the act is found applicable to the establishment and that code number up/6184 should be quoted in all further correspondence ..... it is, therefore, clear that the act has application to the board and consequently the board has to make deposit of provident fund of the employees with ..... note, nowhere states that the provisions of the act are not applicable. 11. ..... board is a statutory corporation duly incorporated under section 5 of the electricity (supply) act, 1948. ..... .90 was payable by the petitioners towards provident fund of its employees for the period 1st of august, 1976 to the 31st of december, 1978. .....

Maharashtra State Co-operative Bank Ltd. Vs. the Assistant Provident F ...

Court : Supreme Court of India

Reported in : 2009AIRSCW6784

..... mills under the employees' provident funds and miscellaneous provisions act, 1952 (for short `the act') is the question which arises for determination in these appeals filed against order dated 29.6.2007 passed by the division bench of the bombay high court in civil application nos.1680 and 1681 of 2007 in writ petition no.6824/2005 and order dated 19.7.2007 passed in civil ..... the constitution (forty-fourth amendment) act, 1978 declares that the state shall strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which justice, social, economic and political, shall inform all ..... 29(1) of the state financial corporations act, 1951 and section 529a of the companies act, 1956, which is pari materia to section 11(2) of the act, and held:"the act of 1951 is a special act for grant of financial assistance to industrial concerns with a view to boost up industrialisation and also recovery of such financial assistance if it becomes bad and similarly the companies act deals with companies including winding ..... and getting the same insured were taken by the management of the sugar mills which also agreed to take the responsibility of any shortage, damage or shrinkage unmistakably shows that the sugar mills continued to be owner of the sugar bags.32. as per black's law dictionary (eighth edition), "pledge" is a formal promise or undertaking; the act of providing something as security for a debt or obligation; a bailment or other .....

New Commercial Mills Co. Ltd. and anr. Vs. Union of India (Uoi) and or ...

Court : Gujarat

Reported in : (1998)IIILLJ334Guj

..... fund commissioner, gujarat state, at ahmedabad dated march 8, 1982, annexure 'a' made under section 14-b of the employees' provident funds & miscellaneous provisions act, 1952, (hereinafter referred to as 'the act, 1952') ordered therein to recover by way of penalty the damages to the extent of 100% or delayed payment of contribution to the ..... in support of these contentions, the petitioner produced before the authority the annual report for the years 1976-77, 1977-78 and 1978-79, (iv) the state bank of saurashtra did not grant loans as expected by the petitioner-company, (v) the government of india, taking into consideration precarious financial position of the company, granted exemption to the ..... stated that the employees' state insurance had also granted an instalment to the company for the arrears payable to the corporation.10. ..... is no dispute in this case that the petitioner had defaulted in depositing the contributions, both its own as well as of the employees ..... the subsequent amendment made in section 14-b of the said act 1952 inserting proviso to this section with effect from september 1, 1991 is also of no ..... of that proviso, the petitioner has to establish that it is a sick industrial unit in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick, industrial companies (special provisions) act, 1985, subject to such terms and conditions as may be specified in the scheme. .....

T. Marimuthu Handloom Factory, Madurai, Kandasamy Textiles, Handloom M ...

Court : Chennai

Reported in : (1990)ILLJ555Mad

..... 7a of the employees' provident funds and miscellaneous provisions act 1952, are being challenged. ..... employees provident funds and miscellaneous provisions act was held to be constitutional. ..... the central government is also empowered, after giving not less than two months notice of its intention so to do, to apply the provisions of the act by notification in the official gazette to any establishment employing such number of persons less than twenty, as may be specified in the notification. ..... 7a empowers the central provident fund commissioner, any deputy provident fund commissioner or any regional provident fund commissioner to determine the amount due from any employer under any provision of the act or the scheme and for that purpose, he may conduct such enquiry as he may deem necessary. ..... it was held that the guidelines were provided under the act and its various provisions and there is nothing arbitrary in the section. ..... as disclosed by the preamble, the act is one provided for the institution on provident funds, family pension fund and deposit linked insurance fund for employees in factories and other establishments. ..... the municipal corporation of greater bombay and others : [1968]1scr274 , the supreme court had to consider the validity of the provisions of bombay town planing act. ..... 19a of the act on 30th january 1978 raising certain doubts as to the application of the act under s. ..... 886 of 1978 which was dismissed in limine. ..... 2868 of 1978 contending that the proceedings under s. .....